(1) An individual who violates section 3802(a) (relating to driving under influence of
alcohol or controlled substance) and has no more than one prior offense commits a
misdemeanor for which the individual may be sentenced to a term of imprisonment of
not more than six months and to pay a fine under section 3804 (relating to penalties).

(2) An individual who violates section 3802(a) and has two prior offenses commits a misdemeanor
of the second degree.

(3) An individual who violates section 3802 and has three or more prior offenses or has
previously been convicted of a violation of section 3735 (relating to homicide by
vehicle while driving under influence) commits a felony of the third degree.

(b) Other offenses.--

(1) An individual who violates section 3802(a)(1) where there was an accident resulting
in bodily injury, serious bodily injury or death of any person or in damage to a vehicle
or other property, or who violates section 3802(b), (e) or (f) and who has one prior
offense commits a misdemeanor for which the individual may be sentenced to a term
of imprisonment of not more than six months and to pay a fine under section 3804.

(2) An individual who violates section 3802(a)(1) where the individual refused testing
of breath or chemical testing pursuant to a valid search warrant, court order or any
other basis permissible by the Constitution of the United States and the Constitution
of Pennsylvania, or who violates section 3802(c) or (d) and who has no prior offenses
commits a misdemeanor for which the individual may be sentenced to a term of imprisonment
of not more than six months and to pay a fine under section 3804.

(3) An individual who violates section 3802(a)(1) where there was an accident resulting
in bodily injury, serious bodily injury or death of any person or in damage to a vehicle
or other property, or who violates section 3802(b), (e) or (f) and who has two prior
offenses commits a misdemeanor of the first degree.

(4) An individual who violates section 3802(a)(1) where the individual refused testing
of breath or chemical testing pursuant to a valid search warrant, court order or any
other basis permissible by the Constitution of the United States and the Constitution
of Pennsylvania, or who violates section 3802(c) or (d) and who has one prior offense
commits a misdemeanor of the first degree.

(4.1) An individual who violates section 3802(a)(1) where the individual refused testing
of breath or chemical testing pursuant to a valid search warrant, court order or any
other basis permissible by the Constitution of the United States and the Constitution
of Pennsylvania, or who violates section 3802(c) or (d) and who has two or more prior
offenses commits a felony of the third degree.

(5) An individual who violates section 3802 where a minor under 18 years of age was an
occupant in the vehicle when the violation occurred commits:

(i) A misdemeanor of the first degree if the individual has no more than one prior offense.

(ii) A felony of the third degree if the individual has two or more prior offenses.